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(영문) 서울서부지방법원 2019.01.10 2018가합34452
보증채무금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From October 2016 to March 2018, C, the Defendant’s representative director, from October 2016, as of November 2, 2016, prepared to the Plaintiff the following loan certificates (hereinafter “the instant loan certificates”) with D, which had been the Defendant’s manager as of November 2, 2016:

The Defendant Appointer D and the representative director C shall pay to the Plaintiff KRW 2.25 billion, which was borrowed from the Plaintiff by November 11, 2016.

B. C paid KRW 500 million to the Plaintiff according to the instant loan certificate from November 15, 2016 to November 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, witness D and C's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff initially asserted that the Defendant was the largest shareholder of the E-Union, but C and D borrowed KRW 1.8 billion from the Plaintiff around October 2016 to secure or defend the Defendant’s management right by accepting shares from the said E-Union, and in the process, it would provide a guarantee in the name of the Defendant in the event there is a problem in paying the borrowed amount.

However, when C and D were unable to accept it due to the opposite trade of the above shares, the Plaintiff demanded C and D to pay the above borrowed amount, and requested C and D to guarantee the defendant's joint and several liability.

Accordingly, C and D have prepared and delivered the loan certificate of this case where C and D are the Plaintiff as the loan amount of KRW 2.25 billion with interest added to KRW 1.8 billion, but C as the representative director of the Defendant, signed the above loan certificate with the intent of joint and several surety for the above loan amount.

Therefore, as a joint and several surety, the Defendant is liable to pay the Plaintiff KRW 1.75 billion and delay damages, excluding KRW 500 million paid out of the above KRW 2.25 billion, to the Plaintiff as a joint and several surety.

(State) If C’s preparation of the instant loan certificate in the name of the Defendant is invalid as a abuse of power of representation, and the Defendant’s joint and several liability is not recognized, this would be the Defendant’s representative director.

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